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Alabama Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Divorce for Alabama on
Q: During divorce appeal process, AL my spouse remarried, bought new home.Appeal reversed ..I have any financial claim?

Forced to sell our jointly owned marital new home by court.Judge stopped my alimony, I became hungry,etc. House payments and upkeep all mine. Unemployed,recent knee surgery, court said I would be in contempt if not sold in 120 days. This order dated Nov 1. Not real estate agt.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 11, 2017

I can't understand from your question where you are in the appellate process. You spouse could not have remarried with a pending appeal. THe appeal stays the final order. You need to try to ask this again.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Alabama on
Q: Can I stop ex-husband from moving to MI with my two children? He says I missed the court date, but was never notified

He sent certified letter and never received it. I was handed the letter while in court it was a return to sender. I asked for more time was granted, Court never sent papers of hearing for later date, and never received info on the matter. Was told by ex-husband I missed court on September 6th 2017... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Oct 3, 2017

What county are you in? Did you inform the court of your address? Were you served?

1 Answer | Asked in Estate Planning, Appeals / Appellate Law, Juvenile Law and Land Use & Zoning for Alabama on
Q: Can a trustee be replaced with a conservator because trustee is incompetent (82 yrs old/unhealthy/nearly deaf)? Case?
Jack T. Carney
Jack T. Carney
answered on Jun 15, 2017

If a Trustee serving under a trust agreement becomes incapable of serving in his or her role, a beneficiary can petition a court to remove that Trustee and replace them with a successor Trustee pursuant to the terms of the document. If the document has no provisions for a successor or if, for... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Municipal Law for Alabama on
Q: Bondsman robbed me, can I still appeal my conviction, if the appeal for a supersedes bond never did get filled out?

He said a 4th amendment violation would not hold up in musical court, that I needed to do a supersedes bond and go to 12 man jury. He explained that I would need to pay my bondsman 10% of the bond fee, which was $75 for each charge, which was 2, and he would take care of the paperwork. I had 14... View More

Samuel G McKerall
Samuel G McKerall
answered on May 27, 2017

The answer is no, you can't. The deadline for filing a notice of appeal is jurisdictional. That means if it is not filed within the time alotted the court to which you are trying to appeal is without jurisdiction to hear the case and there is nothing that can be done about that. Officially,... View More

1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Civil Litigation for Alabama on
Q: What to do when you've signed an arbitration agreement & days later find that the auto dealer has committed fraud?

The dealer represented that a car had only been listed as used because the owner of the dealership used it for a short period of time & knowing that the owner had intentions of selling the car, I assumed that it was well taken care of. I was originally interested in a new car but a taken care... View More

Samuel G McKerall
Samuel G McKerall
answered on May 5, 2017

You're out of luck. You can't buy a car from a dealer anywhere without having to sign an arbitration agreement. You signed it. You're stuck with it.

Your damages are minimal, if any. You thought you were buying a car with 4,000 miles on it and you got a car with 4,000...
View More

1 Answer | Asked in Appeals / Appellate Law, Employment Law and Public Benefits for Alabama on
Q: I have been notified that my former employer is appealing the award of my unemployment benefits from the OESC.

My former employer has retained 3rd party help to represent them at the hearing. I assume they are lawyers. Do I need legal representation for this hearing? Also, I live in Alabama, but it is the OESC that is handling my claim.

Marshall Jason Ray
Marshall Jason Ray
answered on Mar 19, 2016

Although Unemployment Insurance appeal hearings are typically less formal than a court setting, you could be at a considerable disadvantage if your employer has representation and you do not. The third party representing your employer is not necessarily an attorney, as non-lawyers are usually... View More

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: Does the judge ever deny the request for an appeal after tpr trial?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 7, 2016

The trial judge cannot deny a request for an appeal. The trial judge can deny a Rule 59 motion to alter amend or vacate which always comes before an appeal. Appeals in civil actions must be made to the Alabama Court of Civil Appeals within 42 days after the judgment of the Court.

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: When a circit court of appeals has oral arguments in a federal case what does it mean?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 11, 2015

That there will be oral arguments, well, that there were.

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: If my child father appeals a family court decision and appeals to the wrong court does the deadline to file start over
William E. Scully Jr.
William E. Scully Jr.
answered on Jun 23, 2014

Your 'child father?' Is that the same as a 'baby daddy?' There are some technical rules about what kind of notice needs to be filed in order to appeal a decision and where it needs to be filed. Sometimes it matters where and when the notice is filed, and sometimes it... View More

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: About how much does it cost to hire a lawyer to appeal a tpr case
William E. Scully Jr.
William E. Scully Jr.
answered on Apr 19, 2014

A Lot. TPR means "Termination of Parental Rights." Your question makes it look like your parental rights have been terminated. Termination of parental rights is a pretty drastic remedy, usually undertaken by Alabama's Department of Human Resources (rather than private individuals)... View More

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: How do i appeal a guilty plea?
William Lee Pfeifer Jr
William Lee Pfeifer Jr
answered on Feb 16, 2011

In most situations, you cannot appeal a guilty plea. However, there are certain exceptions that exist. Whenever possible, the first step in appealing a guilty plea is to file a motion to withdraw the guilty plea first. This has to be filed within 30 days of sentencing in order for the trial court... View More

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